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AGREEMENT (9) ~ " I ..f , AGREEMENT between CITY OF CLEARWATER, FLORIDA and INTERNA TIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO Local 1158 FISCAL YEARS 1991 - 1994 .t' ., I TABLE OF CONTENTS , Paee No. PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 i\JlllI<:LE 1 RE<:OCiNIllION........................................ 2 i\JlllI<:LE 2 REPRESENllAllIVES OF Pi\JlllIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 i\JlllI<:LE 3 <:IllY'S MANACiEMENll RICiHllS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 i\JlllI<:LE 4 CiRIEV AN<:E PRO<:EDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 i\JlllI<:LE 5 NO STRIKE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 i\JlllI<:LE 6 SllEW i\JlDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 i\JlllI<:LE 7 <:HE<:KOFF.......................................... 9 i\JlllI<:LE 8 NO DIS<:RIMINAllION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARllI<:LE 9 HOLIDAyS.......................................... 11 i\JlllI<:LE 10 V A<:AllIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 i\JlllI<:LE 11 W ACiES ............................................ 15 i\JlllI<:LE 12 PERSONNEL PRA<:llI<:ES ................................ 18 i\JlllI<:LE 13 P()SllINCi OF ACiREEMENll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 ARllI<:LE 14 BULLEllIN BOi\JlDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 ARllI<:LE 15 WORK S<:HEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 i\JlllI<:LE 16 WORK RULES AND PREY AILINCi RICiHllS .................... 35 AR llI<:LE 17 SENIORITY AND LAYOFFS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 i\JlllI<:LE 18 Pi\JlAMEDI<:S........................................ 39 i\JlllI<:LE 19 LINE-OF-DUlY INJURY PAY ............................. 41 ARllI<:LE 20 FUNERAL LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 ARllI<:LE 21 MIS<:ELLANEOUS..................................... 44 i\JlllI<:LE 22 PHYSI<:AL EXAMINAllION ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 ARllI<:LE 23 SUBSTAN<:E USE AND llESllINCi . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 i\JlllI<:LE 24 AMENDMENTS....................................... 52 i\JlllI<:LE 25 SEVERABILITY AND WAIVER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 ARllI<:LE 26 <:ONTRA<:ll <:ONSllIllU1'ES ENllIRE ACiREEMENll OF llHE Pi\JlllIES .. 54 ARTI<:LE 27 LICiHll DUTY ........................................ 55 ARllI<:LE 28 DURAllION, MODIFI<:AllION AND 1'ERMINAllION . . . . . . . . . . . . . . . 56 APPEND IX I ................................................... 57 LEllTERS OF UNDERSllANDINCi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 .... I PREAMBLE I This Agreement is entered into by the City of Clearwater, Florida, hereinafter referred to as the "City," and Local 1158 of the International Association of Fire Fighters, AFL-CIO, hereinafter referred to as the "Union," for the purpose of promoting harmonious relations between the City and the Union, to establish an orderly and peaceful procedure to settle differences which might arise, and to set forth the basic and full agreement between the parties concerning wages, rates of pay, and all other terms and conditions of employment. 1 -, I I ARTICLE 1 RECOGNITION Section 1. The City recognizes the Union as the exclusive bargaining representative in accordance with Chapter 447, Florida Statutes, as amended, effective January 1, 1975, for the following agreed upon bargaining unit: All persons in the classifications designated Firefighters, Fire Lieutenants, and Fire Prevention Inspectors shall be in the bargaining unit. All others shall be excluded. Section 2. Should the City establish new job classifications within the Fire Department that are to be in the bargaining unit, the City shall, not less than thirty (30) days prior to staffing such classification, provide notice to the Union of the establishment of such classification, and, if requested, bargain with the Union concerning wage rates and hours of employment for such classification. 2 ... I ARTICLE 2 REPRESENTATIVES OF PARTIES I Section 1. The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in matters requiring mutual consent or other official action called for by this Agreement. Authorized representatives shall be defined as elected Officers of the Union and duly elected or appointed stewards, provided that notification has been provided in writing to the Office of the Fire Chief within 72 hours of any change in elected Officers or appointed stewards. The Union agrees to notify the City of the name of such authorized representatives as of the execution of this Agreement and replacement therefor during the term of this Agreement. Section 2. The Union likewise agrees that during the term of this Agreement the Union and the employees covered hereunder shall deal only with the City Manager or his representative in matters requiring mutual consent or other official action and specifically the Union agrees that neither the Union nor the employees hereunder shall seek to involve the City's elected officials in the administration of this Agreement or otherwise in the operation of the City's Fire Department; provided that nothing contained herein shall restrict an employee's opportunity to present non-employment related matters to such elected officials. 3 I ARTICLE 3 CITY'S MANAGEMENT RIGHTS I Section 1. Except as expressly limited by any provision of this Agreement, the City reserves and retains exclusively all of its normal and inherent rights with respect to the management of its operations, whether exercised or not, including, but not limited to, its rights to determine, and from time to time redetermine, the number, location and type of its various operations, functions and services; the methods, procedures and policies to be employed; to discontinue the conduct of any operations, functions or services, in whole or in part; to transfer its operations, functions or services from or to, either in whole or in part, any of its departments or other divisions; to select and direct the working force in accordance with requirements determined by the City, to create, modify or discontinue job classifications; to establish and change working rules and regulations; to establish and change work schedules and assignments; to transfer, promote or demote employees; to layoff, furlough, terminate or otherwise relieve employees from work for lack of work, lack of funds, or other legitimate reason; to suspend, discharge or otherwise discipline employees for proper cause; to alter or vary past practices and otherwise to take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions and/or services. Section 2. If in the sole discretion of the City Manager or Mayor it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, strikes, hurricane conditions, or similar catastrophes or disorders, the provisions of this Agreement may be suspended by the City Manager or Mayor during the term of the declared emergency provided that wage rates and other direct monetary payments shall not be suspended. 4 ARTICLE 4 GRIEV ANCE PROCEDURE Section 1. A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement, including Civil Service Rules and Regulations, except as exclusions are noted in other articles of this Agreement. The grieving party must state in writing the remedy sought to resolve the grievance. Section 2. All grievances filed shall refer to the specific Article and section of this Agreement or Civil Service Rules and Regulations, upon which the grievance is based and shall contain a concise statement of the facts alleged to support the grievance and shall be signed by the grievant. Grievances must be filed on proper forms supplied by the City and all information must be furnished, including a request for Union representation, if desired, at each step. No grievance form may be amended from the original written grievance at the initial step of the Grievance Procedure. Grievances shall be processed in accordance with the following procedure and shall be determined by application of the terms of this Agreement, the laws of the United States, the State of Florida, and the Charter and Ordinances of the City of Clearwater. Newly hired probationary employees shall not have access to the Grievance Procedure for any matter of discipline (including discharge). Any grievance by a permanent employee relating to suspension or dismissal shall be initiated at Step 2. On behalf of employees covered by this Agreement, the Union hereby waives any right of these employees to resort to the Civil Service Board concerning any matter defined in this Agreement. This shall specifically include grievances relating to suspensions, demotions, and dismissals. Grievances may be filed and processed by the Union except grievances of discipline which must be initiated by the disciplined employee. As used in this Article, the term "employee" may also mean a group of employees having the same grievance. In such event, one employee shall be designated by the group of employees to act as a spokesperson and shall be responsible for processing th~ grievance. All employees in the group shall be identified, however, only the spokesperson needs sign the grievance. STEP 1 The aggrieved employee shall present his grievance in writing to his District Chief or Fire Marshal within twelve (12) calendar days after the employee has knowledge or constructive knowledge of the occurrence of the action giving rise to the grievance. Discussions will be information for the purpose of settling differences in the simplest and most direct manner. The District Chief or Fire Marshal shall review the grievance and submit a decision in writing to the aggrieved employee within twelve (12) calendar days from the date the grievance was presented to him. Where the District Chief or Fire Marshal determines that he is unable to respond due to circumstances of the grievance which may require a decision at a higher level, he may respond by denying the grievance. STEP 2 If the grievance is not settled at the first step, the aggrieved employee shall, within twelve (12) calendar days of the date of notification from the District Chief or his designee, present the written grievance to the Fire Chief or his designee. The Fire Chief or his designee shall obtain the facts concerning the alleged grievance and shall, within twelve (12) calendar days following receipt of the written grievance, meet with the aggrieved employee. The aggrieved employee may be accompanied at this meeting by an IAFF representative. The Fire Chief or his designee shall notify the aggrieved employee of his decision in writing not later than twelve (12) calendar days following the meeting day. 5 " I ARTICLE 6 STEW ARDS , Section 1. There shall be one (1) Union Official in each district on each shift and one for fire inspection. Section 2. An employee having a grievance shall have the right to take the matter up with his Shift Steward or other Union Officer during working time, provided that neither the employee nor the Shift Steward may leave their assigned Fire Station or work area outside a Fire Station without prior permission of the Assistant Chief/Fire Marshal or his relief to do so, and, provided further, that the employee and the Union Official shall not interfere with the normal operations of the Department. 8 , 1 , ARTICLE 7 CHECKOFF Section 1. The City shall deduct dues and uniform assessments owed by the employee to the Union in an amount certified to be correct by the Union Secretary-Treasurer on a biweekly basis; provided, that prior to such deduction the Union has provided the City with a signed statement from each employee whose dues are to be deducted that such deduction is authorized; provided, further that such authorization is in a form satisfactory to the City. Section 2. Notwithstanding anything herein to the contrary, any authorization for dues deduction may be canceled by the employee upon thirty (30) days written notice to the City and the Union. Section 3. The Union shall indemnify, defend and hold the City, its officers, officials, agents, and employees harmless against any claim, demand, suit, or liability (monetary or otherwise) and for all legal costs arising from any action taken or not taken by the City, its officials, agents, and employees correctly complying with this Article. The Union shall promptly refund to the City any funds received in accordance with this Agreement which are in excess of the amount of basic and uniform membership dues which the City has agreed to deduct. Section 4. Nothing contained herein shall require the City to deduct from a salary or be otherwise involved in the collection of Union fines, penalties or special assessments. Section 5. In the event an employee's salary earnings within any pay period, after deductions for withholding, pension or social security, health and/or other standard deductions, are not sufficient to cover dues it will be the responsibility of the Union to collect its dues for that pay period from the employee. 9 , I ARTICLE 8 NO DISCRIMINATION , Section 1. The City and the Union specifically agree that the provisions of this Agreement shall be equally applicable to all employees covered herein without regard to race, color, religion, creed, sex, national origin, membership or non-membership in labor organization, or age, as provided by law. Section 2. All references in this Agreement to employees of the male gender are used for convenience only and shall be construed to include both male and female employees. Section 3. Any claim of discrimination under Federal or State civil rights laws and the ADEA by an employee against the City, its officers or representatives shall not be grievable or arbitrable under the provisions of Article 4 but shall be subject only to the method of review prescribed by law. Nothing herein contained shall preclude the right of an employee to grieve and arbitrate disciplinary action taken by the City, except as otherwise herein provided. 10 I I ARTICLE 9 HOLIDA YS Section 1. The following holidays shall be observed: New Year's Day Martin Luther King Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Day after Thanksgiving Christmas Day The above listed holidays will be paid according to the current practice, except that the following three special holidays will be compensated at a premium rate of 16.8 hours base pay for employees on a 56-hour schedule: Christmas Day, Thanksgiving Day, and New Year's Day. Section 2. In addition to the holidays listed in Section 1, each employee may receive up to four additional "floating holidays." Floating holidays shall be awarded at the beginning of each calendar year, subject to the restrictions below. For such floating holidays the employee shall receive his regular rate of pay for such day if he does not work that day, but shall not receive additional compensation. Neither the holidays listed in Section 1, nor any day for which an employee is not scheduled to work, may be designated as a floating holiday. Floating holidays shall be subject to the following requirements and conditions: (1) No employee may utilize floating holidays until thirty (30) calendar days after their employment. (2) Any person employed between January 1 and March 31 shall receive four floating holidays to be utilized during the year of hire; any person employed between April 1 and June 30 shall receive three floating holidays to be utilized during the year of hire; any person employed between July 1 and September 30 shall receive two floating holidays to be utilized during the year of hire; and any persons employed between October 1 and October 30 shall receive one floating holiday to be utilized during the year of hire. Persons employed after October 30 shall not be eligible for any floating holidays during the year of their hire. (3) Floating holidays may not be carried over from one calendar year to another calendar year and, if not taken, are forfeited except as provided in Section 4 below. (4) After the year of hire, employees shall receive four "floating holidays" each calendar year. Section 3. Floating holidays will be selected after all vacation days and longevity days have been scheduled. It is not necessary for an employee to schedule his floating holidays during the vacation selection process. Any employee selecting floating holidays after the vacation selection process will give the Department 72 hours' notice in writing of his request. This notice will be given to the District Chief for his approval based on vacation selection criteria. This permission shall not be arbitrarily withheld. In case more than one employee requests a particular day and the Department determines that both employees may not be off duty on that particular day, the senior employee shall be given preference. 11 " Section 4. If the empliee chooses not to take one or more floting holidays, he may make a written request to the Fire Chief on or before December 15th to receive 11.2 hours of relZular pay for 56-hour week or 8.0 hours of regular pay for 40-hour week in lieu thereof payable prior to December 31. Any floaters not taken or requested for payment are forfeited. Section 5. Each calendar year, members of the bargaining unit, working a 56-hour work week, may elect to take one (1) floating holiday as "Personal Leave Time." Bargaining unit members on a 40-hour work week may elect to take two (2) floating holidays as "Personal Leave Time." These personal leave days may be broken into blocks of 4 hours and will be taken in 4-hour increments. Personal Leave Time will be selected after all vacation days, extra vacation days and floating holidays have been scheduled. Any employee selecting Personal Leave Time after the vacation selection process will give the Department 48 hours' notice in writing of his request. All requests for Personal Leave Time must comply with all the criteria pertaining to the vacation selection process. If an employee chooses not to use all blocks of Personal Leave Time, he may make a written request to the Fire Chief on or before December 15th to receive pay, in accordance to the chart listed below, payable prior to December 31. 56-Hour Personnel 1 four-hour block = 1.8666 hours of regular pay 2 four-hour blocks = 3.7332 hours of regular pay 3 four-hour blocks = 5.5998 hours of regular pay 4 four-hour blocks = 7.4664 hours of regular pay 5 four-hour blocks = 9.3330 hours of regular pay 6 four-hour blocks = 11.2 hours of regular pay 40-Hour Personnel 1 four-hour block = 2 four-hour block = 4 hours of regular pay 8 hours of regular pay 12 I Section 1. Vacation Leave ARTICLE 10 VACATIONS 1 A. Every full-time or permanent part-time employee who is compensated on a salaried or hourly rated basis shall be entitled to an annual vacation leave with pay at his regular salary or hourly rate in accordance with the provisions hereinafter set forth. B. The vacation year shall be a calendar year, and, except as hereinafter provided, the vacation shall be deemed to have been earned in the calendar year immediately preceding the calendar year in which it is taken or becomes due. Any vacation heretofore taken shall be construed to have been earned prior to the time it was taken. Except when specifically requested by the department head and approved by the Personnel Director, vacation leaves may not be anticipated but shall be taken as herein provided. C. A full-time permanent employee shall be deemed to have earned and be eligible for his first vacation on the first anniversary date of his employment, provided that such first anniversary date falls on or before the thirtieth day of September in that calendar year. In the event that such employee's first anniversary date falls after September 30 in that calendar year, the provisions of paragraph "0" hereunder will apply. The provisions of this paragraph contemplate continuous service as hereinafter defined. D. Thereafter, and during his continuous service as hereinafter defined, such employee shall become eligible for a vacation on the first day of each succeeding calendar year. E. In the event an employee is on a leave of absence without payor is absent because of sick leave without pay, time off without payor vacation without pay and the total of such absence or absences amounts to ninety (90) calendar days or more in any calendar year, the employee shall not be deemed to have earned a vacation in that calendar year. Section 2. Employees on the 56-hour schedule shall accrue paid vacation as follows: 1 4 7 11 15 18 3 years 6 years 10 years 14 years 17 years more years 6 7 8 9 10 11 duty days duty days duty days duty days duty days duty days Employees on the 40-hour schedule shall accrue paid vacation as follows: 1 - 2 3 4 5 6 7 8 - 10 11 12 13 - 15 16 & over years years years years years years years years years years years (80 hours) (88 hours) (96 hours) (104 hours) (112 hours) (120 hours) (128 hours) (136 hours) (144 hours) (152 hours) (160 hours) 13 Section 3. If a holiday leurs during a vacation period, the emPI!ee shall receive holiday pay at the current rate. Section 4. With the consent of the Department, vacations will be selected by department seniority for regular vacations (6 duty days), with the senior employee on each shift selecting first. Additional accrued vacation days will be selected in reverse seniority, after regular vacations have been scheduled. All vacation days and additional accrued days will be scheduled during the selection process. However, if an employee exercises his option to pass on scheduling these days, he must request permission from the Fire Chief or his designee, whose permission shall not be arbitrarily withheld, provided that: (1) an employee who is scheduling his retirement in the year for which vacation selection is being made may request of the Chief, in writing, that his additional accrued days be withheld for use by or payment to the employee upon his retirement; or (2) an employee may opt not to select additional accrued days, thereby forfeiting his additional accrued day vacation selection preference rights, and may thereafter attempt to schedule such days individually. If times are not available due to scheduling conflicts or staffing needs, days not able to be scheduled during the calendar year shall be forfeited by the employee. Section 5. Employees becoming sick, injured or having a death in the family while on vacation may use sick time or death leave for such period of illness or death providing the employee calls the Fire Chief's Office during regular work hours to notify of such change of time. After notifying the Fire Chief's Office, the employee must confirm the request in writing within seventy-two (72) hours. If the employee desires to use sick time, his illness or injury must be verified by a physician's written statement relating the nature, time and duration of the illness. Only duty days during such illness will be restored to vacation time. When the employee returns from the illness or death leave, the employee will reschedule his vacation and will follow all departmental rules and policies pertaining to the vacation selection process. Section 6. Any employee who is separated from service shall be compensated by check for all unused vacation time accumulated at the regular rate of pay at the time of separation. Section 7. Vacation Creditable Toward Retirement. In addition to accrual of vacation as provided herein, an employee in the bargaining unit on a 56-hour schedule, four years prior to retirement in the City Pension Plan, can begin saving and accumulating vacation leave earned up to five duty days annually to be paid at retirement. The amount of accumulation in the vacation retirement bank shall not exceed twenty duty days. An employee in the bargaining unit on a 40-hour schedule three years prior to retirement in the City Pension Plan, can begin saving and accumulating vacation leave earned up to 50 % annually to be paid at retirement. The amount of accumulation in the vacation retirement bank shall not exceed six weeks. The employee must submit formal written notification of the intent to accumulate up to five duty days for an employee in the bargaining unit on a 56-hour schedule and one-half of annual vacation earnings for an employee in the bargaining unit on a 40-hour schedule of his annual vacation earnings prior to the beginning of the calendar year in which such savings are to commence and must provide the date the employee plans to retire. If the employee subsequently elects not to retire as indicated, but to continue to work, one-half of the accumulated vacation may be held in reserve (up to ten duty days for an employee in the bargaining unit on a 56-hour schedule and up to three weeks for an employee in the bargaining unit on a 40-hour schedule) until the employee does retire. The remaining one-half shall be forfeited. 14 I ARTICLE 11 WAGES I Section 1. Pay Schedule The City shall provide a four percent (4 %) general wage increase effective October 1, 1991, a three percent (3 %) general wage increase effective October 1, 1992, and a three percent (3 %) general wage increase effective October 1, 1993, by adjustment of the bargaining unit wage schedule for each respective Fiscal Year. This shall include the addition of a Step 11 longevity step. Biweekly pay schedules shall be as follows: Biweekly Pay Schedule By Fiscal Year Firefil?:hter Yrs. of Service* Step 1991-1992 1992-1993 1993-1994 0 1 $ 881.58 $ 908.03 $ 935.27 1 2 926.56 954.36 982.99 2 3 971.44 1,000.58 1,030.60 3 4 1,022.11 1,052.77 1,084.35 4 5 1,072.51 1,104.69 1,137.83 5 6 1,125.88 1,159.66 1,194.44 7 7 1,153.95 1,188.57 1,224.23 9 8 1 , 181. 99 1,217.45 1,253.97 11 9 1,215.75 1,252.22 1,289.79 15 10 1,246.14 1,283.52 1,355.80 19 11 1,277.97 1,316.31 1,355.80 *assumes normal prog~ession Biweekly Pay Schedule By Fiscal Years Fire Prevention Inspector/Fire Lieutenant Step 1991-1992 1992-1993 1993-1994 1 N/A N/A N/A 2 N/A N/A N/A 3 N/A N/A N/A 4 $1,243.78 $1,281.09 $1,319.52 5 1,305.56 1,344.73 1,385.07 6 1,375.75 1,417.02 1,459.53 7 1,406.65 1,448.85 1,492.32 8 1,433.15 1,486.44 1,531.33 9 1,479.60 1,523.99 1,569.71 10 1,516.59 1,562.09 1,608.95 11 1,554.51 1,601.15 1,649.18 15 Section 2. Pay Schedul~ormat: Merit & Longevity Step Increales A. The fire fighter class shall have eleven steps: an entry step, five merit steps and five longevity steps. Fire Prevention Inspector and Fire Lieutenants shall have eight (8) steps: an entry step, two merit steps and five longevity steps. Merit steps shall provide for an approximately five percent increase over the preceding step, and longevity steps shall provide for an approximately two and one-half percent increase over the preceding step. Pay increases up to and including Step 6 are not automatic but are management review rates and may be granted only upon the recommendation of the Department Director and Appointing Authority. Eligibility for review for within pay schedule increases shall be as follows: ApDointment and Merit SleD Review and Advancement: Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Original appointment or promotion At the end of one year of satisfactory service in Step 1. At the end of one year of satisfactory service in Step 2. At the end of one year of satisfactory service in Step 3. At the end of one year of satisfactory service in Step 4. At the end of one year of satisfactory service in Step 5. If an employee's evaluation by management is satisfactory or higher, the approved merit pay increase shall become effective as of the date of the employee's eligibility therefore, except as provided in Section 3 below. Lon{!evitv SleD Review and Advancement: Step 7 Step 8 Step 9 Step 10 Step 11 Note: At the end of two years of service in Step 6. At the end of two years of service in Step 7. At the end of two years of service in Step 8. At the end of four years of service in Step 9. At the end of four years of service in Step 10. As provided in Article 12, Section 1, an employee promoted to Fire Prevention Inspector or Fire Lieutenant shall be provided an approximately five percent (5 %) pay increase upon the promotion. Section 3. Merit Step Review -- Increases and Delay or Denial Employees who receive a merit eligibility evaluation of Satisfactory or higher shall be advanced as provided in Section 2 above. Employees who receive a merit eligibility evaluation of less than Satisfactory shall not be granted a merit step advancement. Such employees shall be reevaluated after three months and if then rated satisfactory, shall be granted a merit step adjustment as of that date. The effective date of the increase shall be utilized for the purpose of determining eligibility for review for advancement to the next higher step. If the initial three months follow-up rating is still less than Satisfactory, the employee shall be evaluated again in three more months. If then rated Satisfactory or higher, the employee shall be granted a merit step adjustment as of the end of that second three-month follow-up period. The effective date of 16 this increase shall be utilized fof the purpose of determining eligibility fol r'eview and advancement to the next higher step. If the employee is rated less than Satisfactory on the second three-month follow-up rating, no merit step advancement shall be made; and the employee will be evaluated again one year from the date of the initial annual evaluation which was less than Satisfactory. Section 4. Base Pay and Regular Pay A. Base rate of pay is defined as compensation at the rate prescribed for the job class in the Pay Schedule. B. Regular rate of pay is defined as base pay and any assignment pay if regularly assigned. 17 I ARTICLE 12 PERSONNEL PRACTICES I Section 1. Pay Plan A. An approximate five per cent increase over an employee's base pay shall be provided upon promotion. (Five per cent is determined by taking the difference between the employee's current base rate before promotion and the base for the same pay step two ranges higher.) B. If a Fire Fighter, Fire Lieutenant or Fire Prevention Inspector has been receiving additional compensation over base pay under the provisions of Driver Operator assignment, or Leadworker assignment and upon promotion, the application of an approximate five percent increase over said base pay does not reflect an increase in overall compensation, such employee shall be placed in a pay step in the class to which promoted which will provide an increase over the former regular pay. C. If a Fire Fighter, Fire Lieutenant or Fire Prevention Inspector possesses E.M. T. certification, the following shall be done upon promotion: If an employee was among personnel "grandfathered-in" to E.M.T. pay by the original and subsequent City-IAFF Contracts, such employee shall, upon promotion, be promoted in accordance with paragraphs A and/or B above and shall thereafter have the E.M. T. pay added as a supplement to the new base pay in the higher class. D. Paramedic pay shall not be considered in computing promotional payor placement; however, paragraph C(l) will apply in cases where the employee is a "grandfathered" E.M.T. E. If a Fire Lieutenant who was "grandfathered-in" to E.M.T. pay by the original and subsequent City-IAFF Contracts changes his status from "line" to "paramedic" or "paramedic" to "line," the following shall apply to pay adjustment: (1) If a "line" Fire Lieutenant or paramedic firefighter is receiving 5% "grandfathered" E.M.T. pay and is subsequently assigned to, and functions as, a "paramedic" Fire Lieutenant or paramedic firefighter, said employee shall receive Paramedic pay and the "grand fathered " E. M. T. pay shall be deemed to be incorporated therein. (2) If a "paramedic" Fire Lieutenant or "paramedic" firefighter drops from the paramedic program, whether voluntarily or involuntarily, said employee shall cease to receive Paramedic pay. However, if such employee was a "grandfathered" E.M.T. the employee shall then receive "grandfathered" E.M.T., provided he meets the requirements therefor. F. Rate of Pay on Changes in Status - Each person who shall be inducted into a position in the classified service shall receive compensation at the minimum rate prescribed for the class of position as provided by the then current City of Clearwater Pay Plan together with the Rules for Administering said Pay Plan, except as follows. (1) An employee who is demoted for lack of work occasioned by consolidation of a municipal function by another governmental agency, for lack of work generally, for lack of funds, or for other causes beyond his control, shall have his compensation fixed at the step in the range for the class to which he is demoted which is next lower than the base rate which the employee previously received or at the highest step in the range of the class to which he is demoted if that class maximum is less than the employee previously received. Such employee shall be placed at the head of the reemployment list for the class from 18 which he was demoted. An emplyee who is demoted for any other reason~ except disciplinary, shall have his compensation fixed at the step in the range for the class to which he is demoted to which he would have been entitled had his previous employment with the City been in such lower class, provided, however, that not less than a five (5) percent reduction shall be effected. In the event that a demotion is made as part of a disciplinary action, the employee shall be placed in the step in the class to which the employee is demoted which is, in the judgment of the Appointing Authority, consistent with the disciplinary action. (2) An employee who is transferred from a position of one class to a position in the same class or to another position in another class of the same pay grade shall continue to be paid at the same rate (3) An employee who is appointed from the reemployment list to a position in the department in which he previously served shall be paid at the step in the pay range which is equivalent to the step he was receiving when he was separated and shall be eligible for advancement to the next step when he shall have been reemployed a sufficient number of days to make up the number of days he lacked for eligibility at the time of separation. (4) An employee who is appointed from the reemployment list to a position in another department than that in which he was previously employed may be paid at the same step in the pay range at which he was being paid when separated, or any step within the range which is not above the step at which he was previously paid. (5) Firefighters who have completed a minImum of three (3) years of service on the Fire Department and successfully passed the Fire Department examination and/or test required for driver-operator and have been recommended by the Fire Chief and approved by the Appointing Authority, shall be paid, in addition to their base pay, driver-operator pay (See Article 12j Section 1, G.) while regularly assigned to driver-operator duties. Seniority credit will be granted to the candidate prior to computation of the final test grade. One-half point credit will be added for each full year of department service, up to a maximum of five points. G. Assignment Pay. (1) Regularly Assigned A. Employees shall receive, in addition to their base rate of pay , assignment pay when the employee is Regularly Assigned the duties listed below. 1. Assigned as a Paramedic on a Rescue Unit 15% above the employee's current base rate of pay. 2. Assigned as a Lead/Medic on a Rescue Unit 20% above the employee's current base rate of pay. 3. Assigned as an E.M.T. on a Rescue Unit 5% above the employee's current base rate of pay. 4. Assigned as a Driver-Operator on an Engine, Squad or Truck Company 5 % above the employee's current base rate of pay. 5. Assigned as a Biomedic on a Rescue Unit 17-112 % above the employee's current base rate of pay. * (See Paramedic section.) B. The Fire Chief will provide each Shift with a list of Paramedics, Lead/Medics, Biomedics, and Driver-Operators that are Regularly Assigned to the aforementioned positions. When one of the Regularly Assigned employees is off-duty, the District Chief will assign another qualified employee to a Temporary Position. (2) Temporarily Assigned - Paramedic, Lead/Medic, EMT, Driver-Operator, Biomedic 19 When an employee is TJrnporarilY Assigned and temporarily per!rms the duties listed above for 4 hours in a 24-hour shift, the employee will receive acting pay for all hours worked except when an employee is Temporarily Assigned because of EMS training that is taught outside of the City whereby the employee must be Temporarily Assigned for 10 hours or more in a 24-hour shift to receive acting pay. Acting pay is defined as additional pay for performing a function as a replacement for another employee normally regularly assigned to that function. (3) Payment of Assignment Pay A. Regularly Assigned: The Fire Chief will submit a Personnel Action Form (P.A. form) to the Human Resources Department requesting assignment pay for those employees who have been Regularly Assigned. Assignment pay for employees Regularly Assigned will be paid on a biweekly basis. B. Temporarily Assigned: Each employee that is Temporarily Assigned and qualifies under provisions of G. (2) of this section will submit on his attendance voucher for those hours worked in that acting assignment. H. Acting Pay as Fire Lieutenant or District Chief (1) When an employee is assigned as an Acting Lieutenant or Acting District Chief and the employee has acted in the higher position for a minimum of 4 hours during a 24-hour shift, the employee shall receive 5 % above the employee's current base rate of pay for all hours worked except when assigned in the higher position because of EMS training that is taught outside of the City whereby the employee must act in the higher position for 10 hours or more in a 24-hour shift to receive acting pay as provided above. (2) Each employee that is assigned as an Acting Lieutenant or Acting District Chief and qualifies under provision H. (1) of this section will submit on his attendance voucher for those hours worked in that Acting position. L Assignment Pay Removal Assignment pay is provided to employees in the LA.F.F. bargaining 'unit pursuant to provisions of Article 12, Section 1, paragraph G and/or Article 18 of the Agreement between the City and the LA.F.F. Assignment pay shall not be discontinued when an employee, because of a job-connected illness, injury or incapacitation is on paid sick leave or working in a designated light duty job. Assignment pay shall not be discontinued during the approved vacation time of an active employee. 20 Assignment pay shall celse to be paid to a bargaining unit memblr when: (1) The employee is reassigned, transferred, demoted or promoted to any position not involving the performance of the assignment function, or the assignment is removed by the Department or other appropriate authority pursuant to provisions of the collective bargaining Agreement. Assignment pay terminates at the time of the job function change or at the time of the formal assignment removal. (2) The employee becomes inactive by virtue of: (a) Going on leave of absence or being laid off. Assignment pay terminates immediately. (b) Being suspended or relieved from duty without pay. Assignment pay terminates upon the effective date of the suspension or date of being relieved from duty without pay, and it is not paid during the time of suspension or absence because of being relieved from duty. (3) The employee is in a non-pay status by virtue of having exhausted all paid time. Assignment pay terminates immediately upon employee going to a non-pay status. (4) The employee, due to a non-job-connected injury, illness or incapacitation is unable to perform the job assignment function whether the employee is on sick leave with payor continues to work on a designated light duty job. Assignment pay terminates: (a) After forty-five calendar days if the employee regularly received the assignment pay for less than two years; (b) After ninety days if the employee regularly received the assignment pay for two years or more. (5) The employee is dismissed. Assignment pay terminates immediately with the effective date of termination of employment. (6) The employee exercises a retirement option, other than vesting pension, whether through lump- sum sick leave payment, extension of retirement date by use of sick leave, or combinations thereof, provided that if the employee has worked on a designated assignment and received assignment pay: (a) For less than two years preceding the employee's last active day of work, the employee shall, upon the retirement option, receive assignment pay as part of the retirement benefit for the equivalent of the first forty-five days; the balance of lump sum sick leave payor extended use of sick leave shall be computed without assignment pay; (b) For two years or more preceding the employee's last active day of work, the employee shall, upon the retirement option, receive assignment pay as part of the retirement benefit for the full period involved. J. Fair Labor Standards, Section 7(k) Exemption. (1) The City of Clearwater Fire Department, pursuant to the Fair Labor Standards Section 7(k) exemption, has established a twenty-seven (27) work period for employees in the bargaining unit. (2) All employees in the bargaining unit, with the exception of Fire Inspector, shall be paid overtime only for all hours worked in excess of 204 hours during the designated twenty-seven (27) day work period. 21 (3) Given that the pJies have agreed to change the status o)Fire Lieutenants and that Fire Lieutenants shall be paid overtime for all hours worked in excess of 204 hours during the designated twenty-seven (27) day work period, whereas previously the City asserted they were exempt when they supervised two or more employees, it is acknowledged and agreed that the Fire Department reserves and retains the right, and has the right, to assign said Fire Lieutenants in accordance with provisions of this Agreement, including Article 3 (City Management's Rights), without respect to the number of personnel, if any, supervised. Section 2. Promotional Examinations (This section applies to promotions to the position of Fire Lieutenant.) A. Promotional examinations will be held within 30 days following the expiration of a previously existing promotional list. B. Each announcement of a promotional examination shall state: (1) The title of the class. (2) The nature of the work to be performed. (3) The names of the organization unit or units for which the examination is given and of the organization unit or units and the lower class or classes of positions within such organization unit or unit s, of which employees shall be deemed entitled to compete in such examination. (4) The minimum qualifications which may be required for admission to the examination. (5) The general scope of the tests to be used. C. Eligibility for promotional examinations may be restricted to persons employed in designated lower classes and/or in designated organizational units. Such persons shall be required to have completed their probationary period and have been certified to permanent status in the lower class and/or to have had such other length of experience in the lower class or classes as may in the judgment of the Personnel Director be deemed appropriate for the particular examination. D. Disqualification of Applicants. The Personnel Director, on behalf of the City, may reject the application of any person for admission to any examination for Fire Lieutenant or refuse to examine any applicant or to certify the name of an eligible for appointment if, in his opinion, it is found: (1) That the applicant fails to meet the established qualification requirements for the position. (2) That the application was not filed on or before the closing date for receipt of applications specified in the public announcement. (3) That the applicant has made a false statement as to any material fact, has practiced or attempted to practice deception or fraud in his application or in securing eligibility or appointment. This provision shall be interpreted to include the use of any other than the applicant's legal name in making application. (4) That the applicant is affected with any disqualifying disease or is physically or mentally unfit to effectively perform the duties of the position. 22 (5) That the applicant hal been guilty of any crime or infamous or lotoriously disgraceful conduct. (6) That the applicant has a record of previous unsatisfactory service in City employment or elsewhere for the past two years of such a nature as to demonstrate unsuitability for employment in a position of the class for which he is applying. (7) That the applicant has received a discharge other than honorable from the armed forces. (8) That the applicant fails to meet standards for the position that are required by State and/or Federal law or applicable rules under such laws. (9) Any person who, by order of the Personnel Director, is denied permission to compete in any promotional examination or whose eligibility is canceled under the provisions of this section may make a written appeal to the City Manager for a final decision. E. Scope and Character of Examinations. (1) Provisions applying to promotional examinations for Fire Lieutenant: (a) AIl promotional examinations for the above designated position shalI be competitive. (b) AIl examinations shalI be of such character as to fairly determine the qualifications, fitness and ability of applicants to perform the duties of the position to which appointment is to be made. (c) Examinations may be assembled or unassembled, and tests may be written, oral, physical or performance, or a combination of these types. They may take into consideration such factors (including experience, education, aptitude, capacity, knowledge, character, physical fitness, and other qualifications) as, in the judgment of the Personnel Director, enter into the determination of the relative fitness of the applicants and may include inquiry into the moral character, or any other pertinent quality or attribute of the applicant. (d) No test or question in any examination shalI be so framed as to calI for or lead to disclosure of any information concerning any political or religious applications, preferences or opinions. Any disclosure thereof shalI be discountenanced and any such information which may nevertheless be revealed shalI be disregarded. (2) Any promotional examination for Fire Lieutenant may include any combination of the factors listed in subsection (1) above, and shalI include credit for seniority hereinafter described. Seniority credit wilI be granted to the candidate prior to computation of the final test grade. One-half point credit will be added for each full year of department service, up to a maximum of five points. 23 F. Rating of Examinatilns. I (1) The earned credit rating of each candidate shall be determined by the weighted average of earned credit ratings, according to weights established and published or announced by the Personnel Director, or his designated representative, before the examination. The Personnel Director shall establish the minimum passing grade for any examination. When properly authorized and published or announced before the examination, such minimum passing grade shall be deemed to be included herein and made a part hereof. (2) Where it is stated in the announcement that an applicant, to become eligible, must attain a specified acceptable rating in any written or performance test, the remaining tests need not be given to any competitor who is found not to meet such requirement, and if given, need not be rated. G. Notification of Results. Each candidate shall be notified in writing of his name being placed on the eligible list or his failure to attain a place on the list. Any candidate may, within fifteen (15) calendar days following the mailing date of his notice of results, request permission to review his examination with the Personnel Director or his designated representative, and will be given reasonable opportunity to do so. H. Appeals from Ratings. (1) Any candidate may, within fifteen (15) calendar days from the date of initial review but in no event later than one month after the posting of employment list resulting from such test, notify the Personnel Director in writing that error, other than error of judgment, exists. The Personnel Director shall thereupon cause a review of such rating to be made. If, upon review, errors, other than error of judgment, which affect the candidate's rating, are found, such errors shall be corrected. In the event such review discloses error, affecting the rating of other candidates, the ratings of the other candidates shall also be corrected. (2) No change made in the ratings of any candidate shall be deemed to invalidate or in any way affect any certification or appointment previously made. Section 3. Promotional Lists (This section applies to promotions to the positions of Fire Lieutenant only.) A. Promotion and Original Appointment Lists. The names of all persons who may be lawfully appointed and who shall have attained a passing grade on any promotional examination shall be placed on the appropriate promotional or original appointment list in the order of their final grade without regard to time of tests. The names of two or more eligibles having the same final grade shall be placed on the list by arranging the names in alphabetical order in case of a list for original appointment, or by arranging the names in order of seniority in the case of a list for promotion. B. Duration of Lists. All promotional eligible lists, whether resulting from examinations having a closing date for receipt of applications or from continuous examinations shall be established for the term and period of two (2) years from the date of the examination which established such eligibility. 24 Section 4. APPointment I In certifying from a promotional list for the filling of a vacancy in a permanent position, the Personnel Director shall certify the names of persons highest on the list consistent with the Rule of Five Rounded Scores. The Fire Chief, upon receipt of a certification, shall provide each certified eligible with the opportunity to be interviewed for the designated vacancy. Selection from the certified list shaIl be at the sole discretion of the Fire Chief. Section 5. Probation A. A newly hired employee within the bargaining unit shaIl serve a probationary period of twelve (12) months of active service during which he shall have the opportunity to demonstrate to the satisfaction of the Fire Chief his suitability for the job. In the event the employee is, for any reason, absent from duty for an accumulated period of one hundred twelve (112) scheduled work hours or more, then all such time to the fuIl extent thereof shaIl be added to and thereby extend the probationary period. The employee shall attain permanent status in the class, subject to approval by the City Manager, upon successful completion of the probationary period and the submission to, and concurrence of the Fire Chief on a written request for permanent status designation form. An employee who, during the probationary period, does not demonstrate suitability for the class, as determined by the Fire Chief, shaIl be notified in writing of the reason(s) and shall be terminated. An employee shaIl not have access to the grievance procedure regarding the termination during probation. B. An employee promoted to a class within the bargaining unit shaIl serve a probationary period of six (6) months of active service during which he shall have the opportunity to demonstrate to the satisfaction of the Fire Chief his suitability for the job. In the event the employee is, for any reason, absent from duty for an accumulated period of fifty-six (56) scheduled work hours or more, then all such time to the fuIl extent thereof shaIl be added to and thereby extend the probationary period. The employee shaIl attain permanent status in the class, subject to approval by the City Manager, upon successful completion of the probationary period and the submission to, and concurrence of the Fire Chief on a written request for permanent status designation form. A promoted employee who, during the probationary period, does not demonstrate suitability for the class, as determined by the Fire Chief, shaIl be notified in writing and shaIl be demoted to his former classification. A promoted employee serving a probationary period within the bargaining unit shall not be entitled to appeal his non-successful probationary period and his return to his former position. Section 6. Sick Leave Scheduled Pay Period Hours 80 112 A. Members of the bargaining unit shaIl accrue sick leave in accordance with the schedule below: Sick Leave Number of Yearly Hours Accrued Pay Periods Sick Per Pay Period Leave is Accrued 5.0 24 7.0 24 Yearly Sick Leave Hours 120 168 B. For employees hired prior to February 19, 1991, sick leave may be accumulated for each of the twenty-four (24) accrual pay periods the employee actually works, up to a maximum of 3360 hours which shaIl be deemed to include actual work and periods when the employee is using accumulated sick leave (but not borrowed sick leave), holidays, vacation with pay, and the no-Ioss-of-pay sick time. For employees hired on or after February 19, 1991, the maximum sick leave accrual shall be 2912 hours. 25 Employees shall not accrue sick Lave during any other period of time Whet they are in a non-work status. C. All accumulated unused sick leave shall be credited to any employee recalled from a layoff, transferred, or certified to another department or classification without break in service, appointed from a reemployment list or returning from a leave of absence. If the employee is promoted, demoted or transferred to another City position with a different Scheduled Pay Period Hours other than that defined above, that employee's sick leave balance will be adjusted to reflect equivalent days of sick leave earned, consistent with his new scheduled pay period hours. D. In the event an employee has been separated and paid for accumulated unused sick leave as hereinafter provided, or has been dismissed for cause and subsequently is re-employed by the City, his subsequent sick leave accumulations shall be calculated as a new employee. E. Under the provisions of this section, an employee may utilize his sick leave for absences from duty on any of his regularly scheduled work days for the number of regular hours he would otherwise have been scheduled to work on that day had not such absence occurred. Absence for a fraction of a day that is chargeable to sick leave in accordance with these provisions shall be charged by rounding to tenths of an hour according to the following: Minutes 1 - 6 7 - 12 13 - 18 19 - 24 25 - 30 31 - 36 37 - 42 43 - 48 49 - 54 55 - 60 Tenths of an Hour .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 F. Sick leave shall not be considered a privilege to be used at the employee's discretion, but shall be used only for absences: (1) Due to personal illness or physical incapacity caused by factors over which the employee has no reasonable immediate control. (2) Necessitated by exposure to contagious disease In which the health of others would be endangered by his attendance on duty. (3) Due to dental appointments, physical examinations, or other personal sickness prevention measures, the scheduling of which at times other than during his regular working hours is impossible or unreasonable. (4) Due to illness of a member of his immediate family which requires his personal care and attention, not exceeding in anyone calendar year, the accumulated number of scheduled work hours in the employee's regular biweekly schedule. The term "Immediate Family" as used in this paragraph shall mean parents, grandparents, children, grandchildren, brothers, sisters or husband/wife of the employee and the immediate family as herein referenced of the husband/wife. 26 Sick leave will be accrucL in the same manner that it is presently elned. An employee may utilize his accumulated sick time due to an illness in his immediate family (as that term is defined above) up to a maximum of 112 hours and 80 hours for 56- and 40-hour personnel respectively in each calendar year. (5) If an employee is under a doctor's care or if a member of the employee's immediate family is under a doctor's care and the doctor certifies that the employee's personal care and/or attention is required, said time of absence shall not be considered as grounds for any discipline, provided that: (a) Personal sick leave is not used in excess of accumulated sick leave or sick leave advance as provided for in section (H) of this Article; section; (b) Family sick leave shall not exceed that provided for in subparagraph (4), paragraph F, of this (c) Employees being reviewed for excessive sick leave use will not have job related injuries/illnesses , Workers' Compensation injuries/illnesses, or other injuries/illnesses veri fied by a doctor's excuse used against them when determining excessive use of sick leave. G. An employee absent for one of the reasons mentioned above shall inform his immediate supervisor as early as possible on the first day of absence. Failure to do so may be the cause for denial of sick leave with pay for the period of absence. In any event, the Departmental Rules shall govern the notification requirements. H. In the event that an employee's current illness or physical incapacity should continue beyond the point where his accumulated unused sick leave has been exhausted, he may, upon written request and subject to the approval of his Department Director and City Manager, and when substantiated by a statement from competent medical authority substantiating the continuance of such illness or incapacity, obtain a sick leave advance up to but not exceeding the amount of accumulated unused sick leave which the employee had to his credit at the time such current illness or physical incapacity began. The Personnel Director shall be immediately notified in writing of any such advance which is approved and which shall be charged against the employee's sick leave account thereby creating an overdraft position. Such overdraft shall have the status of a loan by the City to the employee and shall be repaid: (1) By the subsequent accumulation of sick leave in the amount necessary to retire such loan, or (2) By repayment to the City in cash in the amount necessary to retire such loan. The employee shall not be entitled to use any additional sick leave until the loan has been repaid and in the event of his separation prior to such repayment, the City shall retain from the monies otherwise due the employee an amount .sufficient to retire such loan. Provided, however, that if the separation is the result of the death of the employee, the loan shall be forthwith canceled and no claim for repayment shall be filed against his estate. The employee shall not accumulate sick leave while being paid with borrowed sick leave. I. Upon separation from the City servIce, an employee shall be paid one-half (1/2) of his accumulated unused sick leave, provided: (1) That the rate of payment shall be based on the regular pay of the employee at the time of separation for which his accumulated unused sick leave will be charged with twice the number of regularly scheduled hours of work for that employee in such biweekly period. If an employee is separated upon the termination of a leave of absence or the effective date of a resignation executed under the provisions of 27 paragraph (3) of this sUbsectionl the rate of payment shall be based on J regular biweekly salary of the employee at the beginning of his leave of absence or the date the resignation was executed, and (2) That at the time of separation, the employee has had at least five (5) years of continuous service with the City. Leaves of absence without pay, suspensions and layoffs followed by subsequent reemployment shall not be considered as breaks in service; provided, however, that the length of such time off or layoff shall be deducted from the total length of service except that military leaves and leaves during which the employees are receiving Workers' Compensation salary supplement shall not be deducted, and (3) That the separation is involuntary on the part of the employee to the extent that it is occasioned by disability (incurred on or off the job) or that it is occasioned by action of the City due to material changes in procedures or organization or for other reasons of like character as distinguished from reasons such as voluntary separation to seek or accept other employment, relocate, attend school, care for relatives or friends or reasons of like character. If the separation is the result of the death of the employee, his estate shall receive payment. An employee who has been dismissed for cause shall have no claim for sick leave payment. Notwithstanding the foregoing provisions of this paragraph, an employee who may otherwise be eligible for retirement under the City Employees' Pension Plan or Federal Social Security, or who may be approaching such eligibility date, and whose purpose in leaving is to retire under either program, may utilize one-half (112) of his accumulated unused sick leave to the extent thereof to advance his retirement date, provided the employee was originally employed with the City prior to October 1, 1988. In that event, the employee shall execute a resignation to become effective on the date that such accumulated unused sick leave would be exhausted. Such resignation shall be irrevocable, and retirement shall begin at the time such resignation becomes effective. In the interim, payment for accumulated unused sick leave shall be made as a continuation of the employee's regular pay from which all regular payroll deductions shall be made in order to preserve his retirement status. Employees hired on or after October 1, 1988, shall not have an option at the time of their retirement to utilize any portion of accumulated, unused sick leave to advance their retirement. Accumulated unused sick leave will be charged as outlined in paragraph (1) of this subsection. J. An employee may not utilize his accumulated sick leave absence for absences resulting from an injury arising out of and in the course of employment, other than City employment, for which monetary or other valuable consideration is received or expected. Any employee who utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for absences resulting from an injury arising out of and in the course of employment, other than City employment, may be terminated or suspended, as in the City's judgment, is appropriate. K. Except in the cases of injury incurred in the line of duty with the City, employees shall not be entitled to use sick leave until the completion of six (6) calendar months of continuous service following the date of original appointment. L. The employee shall be required to submit evidence in the form of a medical certificate, of the adequacy of the reasons for his absence during the period of time for which sick leave is granted: (1) When the illness of an employee necessitates an absence for three (3) consecutive scheduled work days or more; (2) When requested by the Department Director. M. Whenever an employee has advance knowledge that he will require use of sick leave of more than thirty (30) calendar days' duration, he shall submit a written request to his immediate supervisor. On approval of the supervisor and Fire Chief, the request shall be forwarded to the City Manager for his 28 approval which must be securel prior to such leave. Each request of As nature shall be supported by evidence in the form of a medical certificate, of the adequacy of the reason for such sick leave. The City Manager may require further medical reports from time to time on all sick leave in excess of thirty (30) calendar days. N. An on duty employee injured in an accident, arising out of and in the course of his City employment, may elect to be continued on the payroll to the extent of his accumulated unused sick leave as hereinafter provided. An employee receiving sick leave with pay under the provisions of this subsection who simultaneously receives income under the Workers' Compensation Act shall receive, for the duration of such income and to the extent of his accumulated unused sick leave, only that portion of his regular salary which will, together with said income equal his regular salary. In that event, the employee's accumulated unused sick leave shall be charged only in the same proportion as his sick leave payment is to his regular biweekly salary which shall be deemed to be that same proportion of the number of regular hours he would otherwise have been scheduled to work for the day, week or other period involved, rounded out to the nearest tenth of an hour. O. The use of sick leave for purposes other than those designated herein will be considered a major rule infraction. P. Sick Leave Incentive Program In any full calendar year period that a bargaining unit employee uses no sick leave, the employee will be allowed to convert two (2) days of sick leave accrual to two (2) floating personal business days for use in the next calendar year. In any full calendar year that a bargaining unit employee on the 56-hour schedule uses between one (1) hours and forty-eight (48) hours of sick leave the employee will be allowed to convert one (1) day of sick leave to one (1) personal business day for use in the next calendar year. In any full calendar year period that a bargaining unit employee on the 40-hour schedule uses between one (1) hours and sixteen (16) hours of sick leave, the employee will be allowed to convert one (1) day of sick leave to one (1) personal business day for use in the next calendar year. Section 7. Absence Without Leave A. Any employee who is absent from duty for two (2) consecutive work days without notice and valid reason therefor shall be deemed to have voluntarily terminated his City employment and to have vacated his position and will be separated from the payroll as a dismissal, unless a leave of absence is subsequently granted under any of these rules. B. The failure of an employee to report for duty at the expiration of a leave of absence or vacation leave with or without pay, shall be deemed an absence without leave. 29 Section 8. Time Off Fr!m Duty , A. An employee may be granted necessary time-off from his duties with compensation for any of the following reasons, when such time off does not, in the judgment of the Fire Chief, interfere with the operation of the Department. (1) Attendance at professional or other conventions, institutes, courses, or meetings when such attendance, is approved by the Fire Chief or his designee. (2) Attendance at in-service training and other in-service meetings when approved by the Fire Chief or his designee. The provisions of this paragraph shall be deemed to include authorized safety meetings. (3) The President and Secretary-Treasurer of the Union shall be granted Union time-off to attend state and international conventions, provided a minimum of one (1) month's written notice is given to the Fire Chief. B. The Union may, upon request, be allowed up to 312 duty hours per fiscal year to be excused for Union business, conferences, and training. Any such request must be initiated in writing through the chain of command, via the District Chief, and will give the name of the person wanting off, date the person is to be off, and the number of hours the person will be off. Time off from duty under this provision must be approved by the Fire Chief or his designee and must be taken in not less than four- (4) hour increments. Any unused portion of the balance is to be carried over into the next contract year. Union officials utilizing union time shall not be eligible during the time of utilization for Worker's Compensation benefits in case of injury. In any event, absence from duty for union business shall not be approved which requires a union official to be off duty for periods in excess of three (3) consecutive scheduled work shifts. Extension of any consecutive time off for union officials, over and above the three (3) consecutive shifts, may be granted solely at the discretion of the Fire Chief. Requests for union time off must be made on the designated form. Jointly related business between the City and the Union shall not be subject to deduction from the bank, however, the Union acknowledges that such time needed for arbitration hearings will be chargeable to the account. In any event, the Fire Chief or his designee, may at his discretion deny any request not made at least 72 hours in advance and submitted by a Union Officer, or which renders the Department staffed below that level which the Chief determines to be necessary. 30 I ARTICLE 13 POSTING OF AGREEMENT I The City and the Union agree that this Agreement shall be posted by the City in a conspicuous place at each Fire Station. Further, the City agrees that it will print the required amount of copies, no later than seventy-five (75) days after such Agreement has been ratified by all concerned parties, and distribute same to the Union; the Union agrees, within thirty (30) days after receipt of copies of this Agreement, to supply individual copies of this Agreement to each current member of the bargaining unit and thereafter to provide an individual copy to each new bargaining unit member within thirty (30) days of their becoming a bargaining unit member. The City and the Union shall each bear one-half (1/2) of the cost of production of the copies of the Agreement (250 copies - 200 for Union; 50 for City). The City and the Union shall agree on the format. 31 I ARTICLE 14 BULLETIN BOARDS I The City agrees to provide a 2 feet x 4 feet space on bulletin boards at each Fire Station for posting by the Union of notices of meetings or other official Union information; provided, the Assistant Chief or his designee shall first review such posting, and if found to be outside of the scope of this Article, such posting shall be modified to the mutual agreement of the parties. The District Chief will continue to include the Union notices in the intra-departmental mail which he delivers to the stations. 32 I ARTICLE 15 WORK SCHEDULE I Section 1. Combat Division: Shifts to start at eight (8:00) A.M. and end at eight (8:00) A.M. the following morning. Total: Twenty-four (24) hours. Combat Division to consist of three (3) shifts: "A", "B", and "C", who will work in the following rotation (see sample monthly work schedule below). Sun. Mon. Tues. Wed. Thurs. Fri. ~ 1 work 2 off 3 work 4 off 5 work 6 off 7 off 8 off 9 off 10 work 11 off 12 work 13 off 14 work 15 off 16 off 17 off 18 off 19 work 20 off 21 work 22 0 ff 23 work 24 off 25 off 26 off 27 off 28 work 29 off 30 work, etc. Inspection Division: Fire Inspectors will work in shifts of 8:00 A.M. to 4:30 P.M. and 8:30 A.M. to 5:00 P.M., Monday through Friday, with a thirty minute lunch break for each inspector. The Chief reserves the right to assign the necessary personnel to each shift which, in his judgment, provides for most effective departmental operations. Section 2. Notwithstanding any provision to the contrary, the City retains the right to adjust work schedules only for the purpose of complying with the Fair Labor Standards Act without providing additional compensation for regularly scheduled hours. Prior to making any such change, the City shall provide the Union not less than twenty (20) days notice and, if requested, bargain with the Union concerning the change; provided, further however that should a mutually agreeable schedule not be reached within thirty (30) days of the Union's being notified of the City's intent to change the schedule, the City's revised schedule may be implemented while bargaining continues and the matter of schedule change shall not be grievable under this Contract. Section 3. The current practice of selecting individuals required for overtime work shall be continued except that a list shall be maintained so as to equalize overtime to the extent practicable. The current practices regarding overtime compensation shall be paid as defined in this Agreement. Section 4. Employees within the Department may exchange on duty time upon the following conditions: A. That the person filling in be acceptable to the company officer and shift commander prior to the change. B. That the persons desiring the exchange notify the company officer of the anticipated change not less than forty-eight (48) hours prior to the start of the anticipated change unless such exchange arises under emergency situations. C. That no person may be allowed to exchange more than seventy-two (72) hours per fiscal year unless the District Chief in his discretion allows persons to exceed such limitation. D. That the member working the time will be covered by all applicable benefits in case of injury while filling in, but will not receive pay for this period. 33 ~ .. E. If the person agreeing~O loan or fill in time is sick or fails to ap!ear for the exchange, his sick leave account or pay will be charged. F. The person agreeing to fill in for another member is obligated to remain on duty in the absence of the person with whom the exchange is made. G. Notwithstanding any provision to the contrary above, the City shall not be required to allow an exchange if doing so would impose upon the City liability for any additional overtime compensation over what persons may otherwise be entitled to. Prior to discontinuing the exchange allowance for this reason the City shall notify the Union concerning the legal basis for the decision to do so. H. Time exchange is subject to a one hour minimum and at one hour increments. Section 5. When an employee is called in at least thirty (30) minutes prior to the start of his regularly scheduled shift, he will be paid a minimum of four (4) hours at the regular rate of pay. The City may require the employee to remain on duty for the duration of the four (4) hour period or for as long as he is needed, at the option of the City. When an employee is held over past the end of his regularly scheduled shift, the time held over shall be counted as time worked. Should such holdover exceed thirty (30) minutes, the employee shall be guaranteed a minimum of two (2) hours pay. The City may require the employee to remain on duty for the duration of the two-hour period or for as long as he is needed, at the option of the City. 34 ARTICLE 16 WORK RULES AND PREVAILING RIGHTS J I Section 1. It is understood and agreed by both parties that the duties performed by members of the bargaining unit cannot always be covered by job descriptions and, therefore, members of the bargaining unit may be required to perform duties in addition to all those listed within the current job descriptions which are, in the judgment of the City, related to the purposes of the Fire Department, which judgment shall not be arbitrary, capricious or unreasonable. Section 2. Any Fire Department Rule or Regulation in conflict with this Agreement shall be of no force and effect. Section 3. Prior to the implementation of any changes in the existing Fire Department Rules and Regulations, the Fire Chief must provide ten days notice. If requested by the Union, the change will be referred to the Conflict Resolution Committee which shall promptly meet and discuss such change. The rule will be implemented after the initiallO-day notice unless the time is extended by the Chief. The issue of whether such change conflicts with this Agreement shall be subject to the grievance procedure contained herein. The time for filing said grievance shall commence on the date the rule is implemented. Section 4. All rights and working conditions, enjoyed throughout the Department by the employees at the present time which are not included in this Agreement shall be presumed to be reasonable and proper and shall not be changed by the City in an arbitrary or capricious manner; provided that nothing contained herein shall limit the City's rights under sections 1, 2 and 3 of this Article or as expressly provided elsewhere in this contract. 35 . 1 I ARTICLE 17 I SENIORITY AND LAYOFFS Section 1. Seniority A. Definition. Seniority is hereby defined as the length of continuous service in City employment except as applied to vacation preference, promotions, layoffs, and assignments. B. How Measured. (1) In the event an employee transfers from the Fire Department to another position within the City and, at a later date, transfers back to the Fire Department, the seniority date for the purpose of layoff, promotions and transfers, shall be the date the employee transfers back into the Department. (2) Any employee who transfers from another City department to the Fire Department shall retain full City seniority with regards to vacation and sick leave accrual. However, for purposes of layoff, departmental seniority shall prevail. In regards to pay and pensions, the applicable civil service rules shall apply. (3) In the event two or more employees have the same seniority date, the employee whose first letter of his last name is closest to the letter "A" shall have more seniority. (4) The seniority list on the date of this agreement shall reflect names, job titles, and seniority dates (departmental and City) of all employees. (5) The City will maintain a current seniority list at all times and will provide the Union with copies of such list in December and June of each year. (6) Emergency, provisional, seasonal and temporary part-time employees shall not accumulate seniority during any period of such employment. C. Continuous service shall mean employment by the City in a position in the classified service without interruption or break, except that the following shall not be considered as breaks in employment: (1) Leaves of absence or time off with or without compensation granted pursuant to this Contract. The length of any such leave shall not be deducted from the length of continuous service in computing seniority. (2) Layoffs for lack of work, lack of funds, abolition of position, or because of material changes in duties or organization, not exceeding one year in length, followed by reinstatement or by appointment from the reemployment list. The length of any such layoff shall not be deducted from the length of continuous service in computing seniority. (3) Disability retirement if and when followed by reinstatement. The length of any such disability retirement shall not be deducted from the length of continuous service in computing seniority. (4) Suspensions of less than three (3) months in accordance with this Agreement. The length of any such suspension of more than three (3) months shall be deducted from the length of continuous service in computing seniority. 36 (5) Dismissals which Shjl subsequently be withdrawn or modifiel by the Appointing Authority or by action of the Board in accordance with this Agreement. The length of such separation shall not be deducted from the length of continuous service in computing seniority. (6) Resignations subsequently withdrawn, in accordance with this Agreement, within six (6) months after acceptance, followed by reinstatement or appointment from the reemployment list; provided, however, that the actual length of separation from the service shall be deducted from the length of continuous service in computing seniority. D. Uses - In addition to the circumstances and conditions wherein, by the provisions of the Act and/or these Rules, seniority has been determined to be the controlling factor, it shall also be given reasonable consideration in determining the order of layoff, the order of names on a reemployment list and in promotions in accordance with the rules governing those procedures. E. Transfer - In the event of a transfer or appointment from certification to another department, an employee shall retain all accumulated seniority. Section 2. Layoffs A. In the event of layoffs, all probationary status Firefighters shall be laid off before any permanent status Firefighters or any Fire Lieutenants or Fire Prevention Inspectors. The order of layoff of probationary Firefighters shall be determined by management evaluations of the performance and potential of the employees. B. In the event further layoffs are required, such layoffs shall be accomplished by class groups of Firefighter, Fire Lieutenant and Fire Prevention Inspector. Notwithstanding anything to the contrary contained in this Agreement, Management shall determine the number of employees to be laid off and the class or classes involved. Within the involved classes, layoffs shall be accomplished by the following groupings: Group A: Employees with one through three years of service in the Clearwater Fire Department or as a Fire Lieutenant or as a Fire Prevention Inspector. Group B: Employees with four through six years of service in the Clearwater Fire Department or as a Fire Lieutenant or as a Fire Prevention Inspector. Group C: Employees with seven through nine years of service in the Clearwater Fire Department or as a Fire Lieutenant or as a Fire Prevention Inspector. Group D: Employees with ten through twelve years of service in the Clearwater Fire Department or as a Fire Lieutenant or as a Fire Prevention Inspector. Group E: Employees with thirteen through fifteen years of service In the Clearwater Fire Department or as a Fire Lieutenant or as a Fire Prevention Inspector. Group F: Employees with sixteen through eighteen years of service In the Clearwater Fire Department or as a Fire Lieutenant or as a Fire Prevention Inspector. Group G: Employees with nineteen or more years of service in the Clearwater Fire Department or as a Fire Lieutenant or as a Fire Prevention Inspector. , 37 All employees in Group J must be laid off before any employees lilted in Group B; all employees in Group B must be laid off before any employees listed in Group C; etc. Within each group, employees shall be ranked by management and employees laid off by the rank order established. Management rating of employees can be based upon performance evaluations by management of the preceding three year period (if available), suspensions and written reprimands, and physical ability to perform the job. Employees classed as Fire Lieutenants or Fire Prevention Inspectors shall have the right to accept a demotion to Firefighter and be placed in the Group for Firefighter based on total service with the Clearwater Fire Department. Management will provide a list of the rank order within Groups prior to the layoff. Section 3. If reduction in force requires the layoff of a lieutenant or inspector, the affected lieutenant or inspector may, at his option, revert to the position he held prior to his promotion to lieutenant or inspector. If this movement requires further reduction in force, the same shall be accomplished in accordance with section 1 above and the process be continued down through the ranks. Section 4. No new employee shall be hired until the employee on layoff has been given an opportunity to return to work at his original seniority date and position; provided, that after one year of layoff the employee shall cease to accrue seniority and that such reemployment rights shall cease after two (2) years from the date of layoff. Section 5. The Fire Chief shall give written notice to the Personnel Director and to the affected employee(s) including the President of the Union, on any such proposed layoff. Such notice shall state the reason thereof and shall be submitted thirty (30) days before the effective date of proposed layoff. 38 I ARTICLE 18 PARAMEDICS t Section 1. A Paramedic is an employee within the City's Fire Department who is assigned by the Department to perform emergency medical services in an emergency medical services program and who has successfully completed and passed a Paramedic training program recognized by the Department and approved by the local medical community as providing advanced training in the D.G.T. Paramedic such as that offered at the St. Petersburg Junior College, and who has met such other qualifications as may be established by the State of Florida to be a Paramedic, or such other name as is attached to personnel performing the functions contemplated by the parties hereto. A Biomedic, Lead/Paramedic is a Paramedic who is assigned to maintain paramedic equipment. Section 2. The titles of Paramedic, Biomedic and Lead Paramedic are not a separate job classifications within the Fire Department and those employees assigned as Paramedic/Biomedic, Lead/Paramedic shall continue in the rank they hold while being assigned as Paramedic/Biomedic, Lead/Paramedic. Section 3. No employee assigned as a Paramedic/Biomedic, Lead/Paramedic shall be held ineligible to participate in promotional examinations held in the City's Fire Department nor shall service as a Paramedic/Biomedic, Lead/Paramedic otherwise disqualify an employee from promotion. Section 4. Should the City's Fire Department cease to operate emergency medical services teams, those employees assigned as Paramedic (Firefighters or Fire Lieutenants) shall continue to be employed by the City on the same basis as any other employee in the bargaining unit. In such event, monetary incentives for Paramedic, Biomedic, and Lead Paramedic shall be discontinued. Section 5. Monetary Incentives A. Employees assigned as Paramedics shall receive incentive pay in accordance to Article 12, Section 1. G. B. Employees of the Department who currently receive 5 % incentive E.M. T. pay and who are not assigned as Paramedics shall continue to receive such pay, provided the employee meets additional certification as required by Pinellas County EMS System and retains his state certification as an E.M. T. C. Employees certified as an E.M.T. and assigned to replace a paramedic on a rescue unit will receive E.M.T. pay in accordance to Article 12, Section 1. G. D. The member of a Paramedic team assigned as Lead/medic will be the Paramedic in charge of the rescue unit. The Lead/medic will be paid assignment pay in accordance to Article 12, Sec. 1 ,G. NOTE: The position of Biomedic will be assigned to rescue units that have a Paramedic Lieutenant assigned. As the Rescue Lieutenants are phased out and removed from the Rescue Unit, the position of Biomedic will also be removed from the Rescue Unit. Anyone regularly assigned or temporarily assigned as a Biomedic will be paid assignment pay in accordance to Article 12, Section 1 G. E. The incentive pay contained herein shall be calculated according to Article 12 section 1. G. F. The Department agrees to publish a semiannual list of all E.M.T. and Paramedic employees and the dates of expiration of their certification. 39 G. Those members be1ming state certified will be eligible fJ E.M.T. Assignment pay, in accordance to Article 12, Section 1. G. The member will be required to maintain certification in order to be eligible to receive the Assignment pay. Section 6. Assignment and Removal as Paramedic A. The assignment of employees as Paramedics shall be at the discretion of the Department. The Fire Department, with input from the Union, shall prepare a competitive examination for assignment to Lead/Paramedic. The Union committee shall consist of one (1) Senior Paramedic per shift. The Union understands that Lead/Paramedic is not a promotional position or a separate job classification. The examination will specify the minimum qualifications and define precisely the role (if any) merit evaluation, City seniority, Departmental seniority and paramedic seniority would play in the competitive process. B. The removal of the assignment as Paramedic/Biomedic, Lead/Paramedic shall not be subject to the contractual grievance procedure or civil service grievance procedure when the removal is based upon the judgment of the medical community with whom the Paramedic/Biomedic, Lead/Paramedic works. C. The removal of the assignment as Paramedic/Biomedic, Lead/Paramedic shall not be subject to the contractual grievance procedure or civil service grievance procedure when the removal is based upon the judgment of the Department that the removed Paramedic/Biomedic, Lead/Paramedic was not performing to the standards desired by the Department or the medical community. D. The removal of the assignment as Paramedic/Biomedic, Lead/Paramedic shall be subject to the contractual grievance procedure or the civil service grievance procedure only if such removal is based on a determination by the Department that the employee is guilty of a breach of discipline. E. The Arbitrator shall not have the power to substitute his judgment for that of the Department or the medical community with whom Paramedics/Biomedics, Lead/Paramedics work in relation to performance of employees to the standards of excellence desired by the City or the medical community. Section 7. The parties agree that Paramedics/Biomedics, Lead/Paramedics are not professional employees within the meaning of the Florida Public Employees Relations Act. Section 8. If the application of this Article, or any part thereof, whether or not relating to pay, is superseded by action of a superior governmental agency, then the City will be absolved of complying with this Agreement to the extent of the conflict. 40 I ARTI CLE 19 LINE-Of-DUTY INJURY PAY I Section 1. The City hereby agrees to pay the following compensation to any employee injured in the line of duty in accordance with the following definitions, terms and conditions. A. Compensation shall be payable under this section only with respect to disability as the result of injury to an employee where such injury is incurred in the line of duty. B. An injury shall be deemed to have been incurred in the line-of-duty if and only if such injury is compensable under the Florida Workers' Compensation Law. C. The amount of compensation paid shall be the amount required to supplement funds received from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City, either by law or by agreement, to the point where the sum of the supplement herein provided and all other payments herein described equal the employee's weekly wage at the time of the injury. D. No compensation under this section shall be allowed for the first seven (7) days of disability; provided, however, that if the injury results in disability of more than fourteen (14) days, compensation shall be paid from the commencement of the disability. E. The term disability as used in this section means incapacity because of the line-of-duty injury to earn in the same or any other employment the wages which the employee was receiving at the time of Injury . F. It is the intent of this section to provide supplemental compensation for line-of-duty injuries only, and this section shall not be construed to provide compensation in the event of death or injury incurred in any manner other than in the line of duty. In the event of any dispute or disagreement concerning the interpretation of the terms of this section, then the decisions concerning definition of those terms issued under the Florida Workers' Compensation Law shall control. G. The maximum period for which payment may be made under this section shall be ninety (90) days from Lle date of injury for each injury, including recurrences thereof. No payment made by the City during said period shall be charged against any sick leave which the employee may have accrued. Section 2. It is the intention of the parties that nothing in this Agreement shall interfere with the normal procedures under the Workers' Compensation Laws or the requirements of the City's workers' compensation insurance carrier. Subject to such intended limitations: An employee who is injured in the line of duty shall have the right to select any qualified physician who handles workers' compensation cases, subject to approval by the Risk Management Department of the City. Approval will not be unreasonably withheld due to geographical location. The choice shall be made by the injured person or if the condition prevents him from making such choice, by his family. The physician originally selected by the employee may be changed if prior approval is obtained through the Risk Management Department of the City. Section 3. If an employee is killed in the line of duty, the City shall pay to the spouse, or if there is no surviving spouse, the estate, of such deceased employee his accumulated severance pay. Within forty-eight (48) hours of the death of the employee, the City shall deliver to the spouse or surviving children or the employee's dependent beneficiary a check for the sum of one month's current salary of the employee. 41 Section 4. Upon return j.om working a fire, the employee may re'uest a physical examination by the City physician to ensure the employee is stable and capable of returning to work. This right may be rescinded on an individual basis if repeatedly abused. Section 5. Failure to immediately report a line-of-duty injury at the time of the occurrence to either the employee's immediate supervisor, the City Nurse, the Safety Officer on proper forms, within twenty-four (24) hours of the line-of-duty injury, if possible, shall cause the City to not pay the compensation under this section. 42 I ARTICLE 20 FUNERAL LEAVE I Section 1. Funeral Leave A. An employee shall be allowed up to three (3) shifts off with pay in the event of a death in the immediate family which shall be limited to spouse, child, parent, bother, sister, stepmother, stepfather, stepchild, or mother-in-law or father-in-law. This is not chargeable to sick leave. B. An employee shall be granted up to two (2) shifts off with pay in the event of a death in the family, specifically defined as grandmother, grandfather, grandchildren, sister-in-law, or brother-in-law. This is chargeable to sick leave. C. Additional time off may be granted by the Fire Chief, or his designee. Furthermore, any employee availing himself of a provision in this section must notify the Fire Chief or his District Chief of such intent as soon as possible. Section 2. Any funeral leave, other than provided for in section 1 above, will be governed by Article 12, section 6 E. 43 I ARTICLE 21 MISCELLANEOUS I Section 1. All life insurance premium contributions and plans currently in force shall continue for the duration of this Agreement. The selection of an insurance company shall be free and without prejudice and of the employee's choice from the twelve companies offered by the City. The Union agrees to participate in discussions of alternative programs. Section 2. All members of the bargaining unit may wear the I.A.F.F. pin on their uniforms. Section 3. The City shall continue to provide the initial clothing and protective devices currently supplied, or their equivalent, and initial safety equipment currently supplied, without cost to the employee, as well as replacement for supplies damaged through normal wear and tear. The employee will replace any lost or abused equipment that has been supplied by the Department by purchasing the lost or abused equipment from the Department at the current value of the lost or abused equipment. The following equipment will be supplied to each employee. If equipment becomes worn or unserviceable through no fault of the employee, the employee will return the item to the Department and the Department will replace said item. The following, if issued, items will be returned to the Department before an employee leaves the employment of the Fire Department, either by termination, retirement, resignation, etc., before the employee's last paycheck is released by the City. Should any such items not be returned, the City shall withhold from the last paycheck, an amount sufficient to reimburse the City its current replacement cost for that equipment: Item Coat Pants Shirts Jumpsuit Badge Blanket Bunker Coat Bunker Pants Helmet Boots, (pair) Suspenders City I.D. City Gas Card Ouantity 1 5 5 1 1 1 1 1 1 1 1 1 1 Section 4. During the term of this Agreement, the City shall not subcontract out to private concerns any fire suppression and rescue services of the Department, provided, however, that any action of the State of Florida or Pinellas County to assume control of any basic fire suppression or rescue services for which the City has no authority to supersede shall not be deemed subcontracting. Section S. The City shall provide and maintain reasonable training grounds and facilities. Section 6. The City agrees to defend any employee when the employee is sued on any claim arising out of his employment with the City and acting within the scope of his duties. The employee agrees to cooperate in his defense. 44 The City also agrees to Jy any judgment rendered against an emJoyee for acts committed when the employee is acting within the scope of his City employment, provided that the employee did not act intentionally, with malice, or with gross negligence. Section 7. All contact sports while on duty are prohibited including, but not limited to, basketball, handball, etc. Section 8. The current practice of paying accrued rights and benefits to the designated beneficiary or next-oi-kin upon the death of an employee shall continue. Section 9. Members of the bargaining unit shall be entitled to participate in the City-wide tuition reimbursement program on the same basis as all other employees provided that all classes are off-duty, except for promotional courses for the positions of Lieutenant and/or District Chief where department policy as per General Order F.S. 33 will be followed. However, the City and the Union may agree to pro rate such tuition reimbursement due to scheduling conflicts. Section 10. The Department shall counsel with any employee who is passed over by another candidate on the list of promotions. Section 11. Employees covered by this contract shall not be required to perform lawn maintenance at the fire stations. Section 12. Any employee whose appearance is required in Circuit Court or County Court as the result of a matter arising out of the course of his employment, shall receive a minimum of two (2) hours pay if such attendance is during the employee's off-duty hours. This same provision shall also apply when the employee is subpoenaed to appear at the State Attorney's Office, Public Defender's Office, or a private attorney's office, in a criminal case arising from the employee's course of employment. However, this provision shall not apply when an employee or the Union has brought an action against the City or any City official. Section 13. The City will reimburse to the employee at the rate of Twenty Cents ($.20) per mile for each move a Firefighter is required to make, and use his own vehicle, after he has reported to his duty station; or, the City may elect to provide transportation. This distance will be computed by the City, so that both the City and employee can refer to a standard table to ascertain the distance between any two (2) Fire Stations. Written requests for mileage reimbursement must be made to the Fire Chiefs office on or before September 15. Requests received after September 15th shall be void and no reimbursement shall be required of the City. The Department will post a reminder notice at least 30 days prior to September 15. The money shall be paid by September 30 of each year. In the event that an employee is transported in a City vehicle under the provisions of this part, the City will provide the employee transportation back to his duty station at or before the end of the employee's tour of duty if the employee so requests. Section 14. Health Insurance The City agrees to meet with the I.A.F.F. and other City of Clearwater union representatives to review the health insurance program for the purpose of reducing the cost of such program for the 'City and the employees. The City further agrees to provide the I.A.F.F. with such information as would be required to formulate such a benefit package and to cooperate with the I.A.F.F. and other unions to obtain pertinent information from the present carrier. Until a benefit package is formulated and put into operation, the City agrees to continue the current benefits. 45 Any information receively either party from the Consultant or fr<ln another carrier will be shared with the other party. Section 15. All members of the bargaining unit who are actually working are required to launder their own shirts, uniform trousers, uniform jackets and bedding. The City agrees to compensate each employee $400.00 per year. Each employee must supply his own sheets and pillow cases. An employee who is on extended sick leave (60 days or more) or has been approved for regular disability retirement, by the Pension Advisory Committee, shall no longer be eligible for the laundrylbedding allowance. In the initial year of hire, the $400 shall be prorated with the employee's laundry stipend being paid at $400 if hired October - December; $300 if hired January - March; $200 if hired April - June; or $100 if hired July - September. Section 16. All persons who commenced employment as fire fighter on or after December 15, 1985, shall be required to maintain residence within the geographical boundaries of Pinellas, Hillsborough, Pasco and Hernando Counties. This requirement shall continue during their tenure within the fire service of the City of Clearwater, whether serving as a fire fighter or in any position to which they may be promoted within the fire service. Section 17. The City and Union agree to maintain the current Conflict Resolution Committee whose membership shall be limited to the City Manager or his Designee, the Fire Chief or his Designee and the Union President and Secretary/Treasurer or their Designee. It is understood that this committee in no way is a substitute for the grievance procedure or the right of collective bargaining but has been established for the purpose of discussion and input from both sides on matters which may eventually become items of collective bargaining, grievances, or litigation. Section 18. When a bargaining unit member is directed by the department to attend classes, the member will be compensated for the hours spent in accordance with the law. Section 19. Right to Contribute Work In the event that an employee's illness or physical incapacity should continue beyond the point where his accumulated sick leave, if any, has been exhausted, he may request to have other qualified employees of the Department perform his regular duties; provided that such substitution would not require overtime compensation for the substitute and the maximum allowable contributed time to anyone employee is a total of ninety (90) calendar days for the duration of this contract. 46 I ARTICLE 22 I PHYSICAL EXAMINATION Section 1. Employees covered by this labor agreement who are forty (40) years of age or older shall be required to undergo an annual physical examination as scheduled by the Fire Department. In addition to the above, it is agreed by the parties that physicals for employees covered by this labor agreement shall be given as follows: Paramedics - annually 30 - 39 years of age - every 2 years 18 - 29 years of age - every 3 years Section 2. The employer shall determine the extent of the examination and bear the cost of each examination. The results of these physicals shall be made available to the City and to each employee upon completion of the physical. Physicals shall include but not necessarily be limited to the following: 1. Stress EKG - where indicated and at discretion of examining physician. 2. SMA Profile 12 (liver, blood sugar, etc.) 3. Chest X-Ray 4. Complete Blood Count 5. Urinalysis 6. Rectal Cancer Exam 7. Doctor's Physical (eyesight, reflexes, hearing, throat, etc.) 8. Breast/Cervical Cancer Exam (Females) 9. Audiometric Evaluation Section 3. The City agrees to pay all expenses for inoculation or immunization shots for employees and members of an employee's family residing in his household when such becomes necessary as a result of said employee's exposure to contagious disease where said employee had been exposed to said disease in the line of duty; provided that the employee first makes all reasonable efforts to have this service performed at no cost by the County Health Department. Section 4. The parties agree that the physical condition of the employee is of great concern to the employee and to the City. All employees whose pl)ysical fitness or medical status is deemed deficient in some manner as a result of the physical examination shall be advised by the Department and shall be encouraged to undertake a fitness rehabilitation program in an effort to improve their physical fitness and health . Section 5. Employees hired after October 1, 1988, shall be required to meet certain designated standards as set forth in Appendix 1 and if found deficient in certain designated areas thereof, shall be required to undertake a fitness rehabilitation program in an effort to improve their physical fitness and health to the point consistent with the designated standards. Such programs shall be commenced within thirty (30) days of the date that the employee was advised by the Department of the deficiency. Such employees shall be subject to disciplinary action for failure to participate in fitness rehabilitation programs as referenced herein. Section 6. No smoking or use of tobacco on or off the job shall be permitted for all employees hired as Firefighter on or after December 15, 1985, as a condition of employment and their continued employment within the fire service. Violation of this provision shall be deemed just cause of disciplinary action by the City, up to and including dismissal. 47 ) I ARTICLE 23 SUBSTANCE USE AND TESTING Section 1. Voluntary use of controlled substances which cause intoxication or impairment on the job poses risks to the employer, the affected employee and their coworkers. Section 2. All bargaining unit employees will be fully informed of the employer's for cause drug testing policy before testing is administered. Bargaining unit employees will be provided with information concerning the impact of the use of drugs on job performance. District Chiefs and other management personnel will be trained to recognize the symptoms of drug abuse, impairment and intoxication. The City will permit five employees selected by the Union to attend such training class on City time. Section 3. No bargaining unit employee will be tested for drugs or alcohol unless there exists a reasonable suspicion that the bargaining unit employee to be tested is under the influence of drugs or alcohol. The term "reasonable suspicion" shall, for the purposes of this policy and section, be defined as follows: A. Aberrant or unusual on-duty behavior of an individual employee that is observed on duty by the employee's immediate supervisor or higher ranking employee and confirmed by the observation of another supervisory employee, managerial employee trained to recognize the symptoms of drug abuse, impairment or intoxication (which observations shall be documented by the observers), and this may include such common signs as the following: observed alcohol and/or drug use during working hours unexplained work-related accidents or injuries presence of physical symptoms commonly associated with substance abuse, such as: - impairment of motor functions - slurred speech - incoherent or irrational mental state - drowsiness - smell of alcohol or marijuana - extreme weight loss - red eyes - running nose or sniffling - frequent or extreme mood changes - lack of physical coordination deteriorating work performance and/or attendance problems not attributable to other factors, such as: - frequent absences or lateness - unexplained absence from assigned work area - frequent or extended visits to the restroom - other marked, unexplained changes in personal behavior B. Random or mass testing is prohibited, except where required by law. Other procedures may be used where required by law. Any testing required by law will be sent to the Union President, along with regulations for such implementation as required, at least twenty (20) calendar days before such regulations are implemented. No drug testing may be conducted without the written approval of the Department Director, or designee. The Department Director, or designee, must document in writing who is to be tested and why the test was ordered, including the specific objective facts constituting reasonable suspicion leading to the test being ordered, and the name(s) of any source(s), or all of this information. 48 One copy of this document shall' given to the bargaining unit employee lefore he/she is required to be tested. After being given a copy of the document, the affected bargaining unit employee shall be allowed enough time to be able to read and understand the entire document. Failure to follow any of these procedures shall result in the elimination of the test results as if no test had been administered. The test results shall be destroyed, and no discipline shall be levied against the bargaining unit employee. Section 4. When a District Chief or other management personnel has reasonable suspicion to believe that a bargaining unit employee is using, consuming, or under the influence of an alcoholic beverage, non-prescribed controlled substance (other than over-the-counter medications), and/or non- prescribed narcotic drug while on duty, the District Chief or other management personnel will notify the Department Director, or designee, for the purpose of observation and confirmation of the employee's condition. If the Department Director, or designee, after observing the employee, also has reasonable suspicion to believe that the employee is using, consuming, and/or under the influence of an alcoholic beverage, non-prescribed controlled substance, or non-prescribed narcotic drug while on duty, then, by a written order signed by both the employee's immediate District Chief or other management personnel and the Department Director, or designee, the employee may be ordered to submit to toxicology testing designed to detect the presence of alcohol, chemical adulteration, marijuana metabolites, opiates, amphetamines and phencyclidine in accordance with the procedure set forth below. A. Any employee subjected to such test shall be removed from duty pending the result of such test, and such employee shall continue to receive his regular pay and benefits pending test results. B. Refusal to submit to toxicology testing after being ordered to do so shall result in disciplinary action. Section 5. Blood and Alcohol Test Procedure. The following procedure shall apply to blood and urine tests administered to bargaining unit employees. A. The employer may request urine or breath samples except when the employee has been involved in an accident covered by the City's workers' compensation resulting in injury to himlherself, in which case a blood sample may be required. The employee, at his/her sole option, shall, upon request, receive a blood test in lieu of a urine or breath test. Urine and blood specimens shall be drawn or collected at the laboratory, hospital or medical facility. When requested by the employee, a Union representative shall be allowed to accompany the employee to the test and observe the collection bottling and sealing of the specimen. All specimen containers, vials, and bags used to transport them shall be sealed with evidence tape and labeled in the presence of the employee and the Union representative (if one has been requested). The chain of custody recommended by the Florida Health and Rehabilitative Services Department will be met or exceeded. B. All testing shall be done by a laboratory certified by the State of Florida as a medical and urine drug testing laboratory which complies with the Scientific and Technical Guidelines for Federal Drug Testing Programs and the Standards for Certification of Laboratories engaged in Drug Abuse and Mental Health Administration of the U.S. Department of Health and Human Services and is NIDA certified. C. The following standards shall be used to determine what levels of detected substances shall be considered as positive: 49 Drue: I Screenine: Test 1,000 ng/ml Amphetamine Methamphetamine Gas Chromatography /Mass Spectrometry 500 ng/ml GC-MS 500 ng/ml GC-MS Amphetamines Immuno Assay Marijuana Metabolites 100 ng/ml Delte-THC 1 15 ng/ml GC-MS Cocaine Metabolites 300 ng/ml Metabolite 2150 ng/ml GC-MS Opiate 3300 ng/ml Morphine 300 ng/ml GC-MS PCP 25 ng/ml PCP 1 Delta-9-tetrahydrocannabinol-9-carboxylic acid 2 Benzoylecgonine l 25 ng/ml if immunoassay specific for free morphine 25 ng/ml GC-MS Intoxilizer Test For Alcohol Alcohol .10% D. Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. E. When an employee tests positive on the screening test (i.e., a drug or drugs is/are detected), a second test, the Gas Chromatography/Mass Spectrometry, will be run on the sample originally taken. If the second test does not detect the presence of a drug or drugs, the second test shall prevail. When a urine or blood specimen for testing is obtained from an employee by an independent medical facility selected by the City, a sufficient quantity of the specimen shall be obtained for testing by the contract laboratory and a laboratory designated by the Union or the employee. The sample shall be transmitted to the contract laboratory and to the laboratory designated by the Union or employee as soon as possible by the independent medical facility. These tests shall be made as soon as possible by the laboratories. The Union or employee shall bear the cost of its separate test. F. If the results of the tests administered by the employer on the two (2) samples show that the employee, while on duty, was under the influence of or drank, smoked, ingested, inhaled or injected alcoholic beverages, non-prescribed narcotics, marijuana, cocaine, PCP, or non-prescribed amphetamines, appropriate discipline may be imposed by the employer after the following procedures has been followed: The employee shall be presented with a copy of the laboratory report before any discipline is imposed. The Union and the employee shall then have twenty-four (24) hours to present to the employer any different results from the test of the sample conducted by a laboratory selected by the Union. After considering the results of the third test performed for the Union (if presented), the employer may discipline the employee. A test result indicating the employee is under the influence of alcohol, or indicating the use of illegal drugs or controlled substances (when taken without a prescription issued to the employee or without being under the care of a physician or being taken other than in complete conformance to the prescription), while on duty will result in the employee being required to attend and complete an appropriate detoxification, alcohol or drug abuse program. The employee shall be allowed to use sick leave in accordance with 50 Article 12 of this agreement for bsence from duties to attend any such aplropriate program. Should the employee not have sufficient accumulated sick leave to use for this purpose, the employee shall be granted leave of absence, without pay, to attend said program. After completion of any detoxification program, the employee shall be subject to three random blood tests anytime during a twelve-month period after completion of detoxification. A positive test on any of these three tests will subject the employee to discharge. Section 6. Employees who seek voluntary assistance for alcohol and substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Such employees shall be subject to all employer rules, regulations and job performance standards, with the understanding that an employee enrolled in such a program is receiving treatment for an illness. Results to urine and blood tests performed hereunder will be considered medical records and held confidential to the extent permitted by law. Tests shall only be performed for alcohol, chemical adulteration, marijuana metabolites, cocaine metabolites, opiates, amphetamines and phencyclidine and the laboratory shall only report on the presence or absence of these substances. Section 7. Over-the-Counter and Prescription Drugs An employee who has been prescribed or issued a drug, for any medical or other condition, which might in any way impair their ability to perform hislher job must immediately notify their supervisor. The employer, in consultation with appropriate medical authority, shall determine whether the individual can work while taking the medication. If it is determined that the individual is unable to perform hislher job without impairment caused by the medication, the employee will be placed on sick leave or annual leave until the condition for which such medication is being taken is no longer present, or use of the medication causing impairment has been discontinued. However, prior to placing any employee on leave, reasonable accommodation will be made to provide alternative assignments. If an employee is placed on sick leave under this paragraph, such leave shall not be considered in placing the employee on a doctor's certificate requirement until after two such incidents in a 12-month period. 51 I ARTICLE 24 AMENDMENTS i This Agreement may be amended at any time by the mutual written consent of the parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed by each party hereto. 52 I ARTICLE 25 SEVERABILITY AND WAIVER I Section 1. Each and every clause of this Agreement shall be deemed separable from each and every other clause of this Agreement to the end that in the event that any clause or clauses shall be finally determined to be in violation of any law, then and in such event, such clause or clauses only, to the extent only that any may be so in violation, shall be deemed of no force and effect and unenforceable, without impairing the validity and enforceability of the rest of the contract, including any and all provisions in the remainder of any clause, sentence or paragraph in which the offending language may appear. Section 2. The exercise or non-exercise by the City or the Union of the rights covered by this Agreement shall not be deemed to waive any such right or the right to exercise them in some other way in the future. Section 3. In the event of invalidation of any article or section, both the City and the Union agree to meet within thirty (30) days of such determination for the purpose of arriving at a mutually satisfactory replacement for such articles or sections. 53 .. ARTICLE 26 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES I I The parties acknowledge and agree that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waive the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking, and agreement of the parties hereto, and finally determines and settles all matters of collective bargaining for and during its term, except as may be otherwise specifically provided herein. However, the parties agree that the City Employees Pension Plan may be separately negotiated at any time uponmutual alZreement of both oarties. 54 .~ I ARTICLE 27 LIGHT DUTY I Light duty shall be defined as those activities which an employee can perform which do not require any type of physical activity which may aggravate an existing injury. An employee must be released by the treating physician for light duty and must have approval from Risk Management and the Fire Chief. Employees on either a job-related or non-job-related injury or illness may be assigned to light duty. Employees placed on light duty shall be reassigned to a 40-hour per week schedule and shall perform duties as assigned by the Fire Department. Should an employee on light duty need to utilize sick time, floating holiday time or vacation time, such time shall be charged at the rates applied to 40-hour schedules. All other pays and benefits will continue as if the employee were on regular assignment except that an employee will receive a recognized holiday off with pay in lieu of holiday pay, and there will be a loss of premium pay after ninety (90) calendar days only for off-duty injuries. Employees injured on duty and released for light duty will continue to be paid premium pay. All employees on light duty shall have all sick leave hours, floating holidays, and vacations converted to a 40-hour schedule. On return to regular duty, all sick hours, etc. will be returned to a 56-hour schedule. Forty-hour firefighter employees will maintain their 40-hour schedules while on light duty with no conversion of sick leave, floating holidays, or vacation. All employees on light duty shall have their medical status reviewed in a minimum of thirty (30) days and the concept of maximum medical improvement shall be considered. If needed, the City may require a second medical evaluation; and if so required, this shall be done at the City's expense. Light-duty assignments may be limited. 55 I I ARTICLE 28 DURATION, MODIFICATION AND TERMINATION This Agreement shall be effective as of the 1 st day of October, 1991, and shall continue in full force and effect until the 30th day of September, 1994. At least one hundred twenty (120) days prior to the termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of intention to modify, amend or terminate, as herein above set forth, will automatically extend the provisions and terms of this Agreement for a period of one (1) year, and each year thereafter absent notification. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands an~ seals this ~~~ day of Ov~~ , 1991. -- ~ -- ~ ~ . .:t"'.; :. . .P 0LJa. . a~. Goude~n:~ity Clerk B Michael J. Wright, . A TT~s.:r~ ::: ~ : ::-. CI ._~ Approved as to form and correctness: INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, Local 1158 WITNESSES: B~~~~ Edwin D. Hooper, President, Local 1158 /~~ ;;7 p~ ~~ ,/ !J/Y)lh)U L)'fLJfYYU , ./ 56 . r I APPENDIX I The Physical Fitness Test for Firefighters is made up of four (4) major areas: Tests of Body Composition, Tests of Spinal Mobility, Muscular Strength, and Cardiovascular Fitness. The Tests of Body Composition includes four areas of the body that are tested with a skin calipers. The skin is pinched and the amount of body fat is determined by the displacement of the calipers on the Biceps, Triceps, Subscapular, and Suprailiac. The sum of the displacement of all four areas can be no greater than 74 millimeters. The Test of Spinal Mobility entails five parts (see 1-5 below): 1. The left lateral flexion of the trunk (two tries) and the right lateral flexion of the trunk (two tries). The average of the best scores for the left and right are compared to the minimum passing average of 24.85 em. 2. The left rotation of the trunk (two tries) and the right rotation of the trunk (two tries). The average of the best scores for the left and right are compared to the minimum passing average of 63.17 degrees. 3. Forward flexion (two tries), where the score needed to pass is a minimum best score of 37.55 em. 4. Extension (two tries) where the minimum best score is 38.10 em. 5. A total Overall Spinal Mobility Point score is computed. Here the minimum needed to pass is 204 points (total across the final scores of 1 - 4). The Muscular Strength Test requires the participants to squeeze the hand dynamometer and exert at least 40 kilograms of pressure to pass. The Cardiovascular Fitness Test is made up of: (a) Spirometer (lung capacity test) -- these results are sent to the Medical Clinic for interpretation at that site, and (b) Step test - participants pulse rate is taken after a three minute step test, with the resting pulse rate not to exceed 114 beats per minute. 57 . " 1- I LETTER OF UNDERSTANDING This letter will acknowledge on behalf of the City of Clearwater that Lt. Jerry Worsham will continue to receive pay as "headquarters lieutenant" as long as they continue to perform the functions of "headquarters lieutenant." INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1158 CITY OF CLEARWATER By: By: Date: Date: LETTER OF UNDERSTANDING This letter will acknowledge on behalf of the City of Clearwater, that Lt. Selby may continue to accrue sick leave at this current rate until he retires or is otherwise separated from employment, and that there will be no cap on Lt. Selby's sick leave accrual. This agreement is made solely as to Lt. Selby and is made notwithstanding any provisions of our collective bargaining agreement to the contrary. INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1158 CITY OF CLEARWATER By: By: Date: Date: 58